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Page 1 of 2

Core Concepts in Criminal Law and Criminal Justice
  • Volume III
  • Volume 3
  • General editor Kai Ambos
  • Edited by Antony Duff, Alexander Heinze, Julian Roberts, Thomas Weigend
  • Coming soon
  • Expected online publication date:
    July 2025
    Print publication:
    31 July 2025
  • Attempts at trans-jurisdictional debate and agreement are often beset by mutual misunderstandings. And while English is the new lingua franca in international and comparative criminal law, there are many ambiguities and uncertainties with regard to foundational criminal law and justice concepts. Professionals and academics engaged in collaborative comparative criminal law projects often do not understand each other, using the same terms with different meanings or different terms meaning the same thing. However, there exists greater similarity among diverse systems of criminal law and justice than is commonly realised. This third volume of Core Concepts in Criminal Law and Criminal Justice explores the principles and concepts that underpin the different domestic systems and rules. It will focus on the Germanic and several principal Anglo-American jurisdictions, which are employed as examples of the wider common law-civil law divide.

Core Concepts in Criminal Law and Criminal Justice
  • Volume 2
  • Edited by Kai Ambos, Antony Duff, Alexander Heinze, Julian Roberts, Thomas Weigend
  • Published online:
    24 February 2022
    Print publication:
    17 February 2022
  • The trans-jurisdictional discourse on criminal justice is often hampered by mutual misunderstandings. The translation of legal concepts from English into other languages and vice versa is subject to ambiguity and potential error: the same term may assume different meanings in different legal contexts. More importantly, legal systems may choose differing theoretical or policy approaches to resolving the same issues, which sometimes – but not always – lead to similar outcomes. This book is the second volume of a series in which eminent scholars from German-speaking and Anglo-American jurisdictions work together on comparative essays that explore foundational concepts of criminal law and procedure. Each topic is illuminated from German and Anglo-American perspectives, and differences and similarities are analysed.

  • 1 - Introduction to Volume II

  • Edited by Kai Ambos, Antony Duff, University of Stirling, Alexander Heinze, Georg-August-Universität, Göttingen, Germany, Julian Roberts, University of Oxford, Thomas Weigend
  • Book:
    Core Concepts in Criminal Law and Criminal Justice
    Published online:
    24 February 2022
    Print publication:
    17 February 2022, pp 1-10

  • Summary

    Criminal law and criminal justice are becoming increasingly globalised. In open societies, the era in which individual jurisdictions developed their own codes, statutes and systems of justice with no regard to other systems and countries is long over. There is a growing desire to develop common approaches to common problems and to learn from the diversity of current practice in different countries. This development has been reinforced by the internationalisation of criminal justice in international and mixed criminal tribunals. However, attempts at trans-jurisdictional discourse are often hampered by mutual misunderstandings. Some problems are linguistic: although English is the new lingua franca of international and comparative criminal law, not all foundational concepts of criminal law and justice originate in the English-speaking world; some of them are rooted in civil law jurisdictions, such as France, Germany and Italy. The translation of these concepts into English is subject to ambiguity and potential error: the same term may assume different meanings in different legal contexts.

  • 5 - Crimes of Endangerment

  • from Part I - Criminal Law
  • Edited by Kai Ambos, Antony Duff, University of Stirling, Alexander Heinze, Georg-August-Universität, Göttingen, Germany, Julian Roberts, University of Oxford, Thomas Weigend
  • Book:
    Core Concepts in Criminal Law and Criminal Justice
    Published online:
    24 February 2022
    Print publication:
    17 February 2022, pp 132-166

  • Summary

    Criminal laws typically contain a wide variety of offences that target dangerous behaviour. Our goal in this chapter is to compare the ways in which German and English criminal law deal with these kinds of offence; to clarify some distinctions that need to be drawn (and that can be discerned, more or less explicitly, in existing laws) if we are to understand the logic and rationale of such offences; and to note some of the normative issues that such offences raise. To that end, we begin (in section II) by distinguishing endangerment offences in a narrower sense from another important category of dangerous conduct without harmful outcome, that is, attempts. If one speaks of endangerment in a wider sense, attempts would fall into this category, but we will limit our analysis to endangerment offences in the narrower sense.

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